214. Introducing the proposal of the African Group, the representative of Kenya said that the proposal had two parts. The first part was on the extension of the additional period under Article 65.4. The second had two elements, namely, patent rights and exclusive marketing rights. Given that there was often some overlap or confusion between patent rights and exclusive marketing rights, there was a need to distinguish the two. The proposal suggested that Members should have the freedom to define what constituted exclusive marketing rights and clarify when they should become effective, i.e. after a marketing approval had been granted.
